Twycross v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Action of contract to recover the expense of paving the sidewalk in front of land in Charlestown, leased by the plaintiff in 1844 for fifteen years to the defendants, who covenanted in the lease “ to pay all taxes and duties levied or to be levied thereon during the said term.”
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Action of contract to recover the expense of paving the sidewalk in front of land in Charlestown, leased by the plaintiff in 1844 for fifteen years to the defendants, who covenanted in the lease “ to pay all taxes and duties levied or to be levied thereon during the said term.” In October 1854, the city of Charlestown caused the sidewalk in front of the premises to be paved, pursuant to St. 1824, c. 16, the plaintiff having neglected to do so ; and the plaintiff paid the expense thereof, and brought this action to recover it, which was submitted to the decision of the court upon the above…
1Opinion of the CourtThomas, J.
The question in this case is, whether the amount paid by the plaintiff and lessor to the city of Charlestown for paving the sidewalk in front of the premises demised is included in “ the taxes and duties levied or to be levied,” which the defendants, the lessees, stipulated to pay.
This sidewalk was paved by the city under the provisions of the St. of 1824, c. 16, entitled “ an act to regulate the sidewalks in the town of Charlestown.” The provisions of this statute throw much light upon the question to be decided. The first section prescribes the mode in which, in all paved streets in…
2Cited by1 opinion
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